You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 125275.

The Gainesville Independent School District (the "district") received requests for information
relating to applicants for the head coaching position at Gainesville High School, the job
description for that position, and information as to the last day of work of a named individual
as athletic director for the high school and as to when that individual begins as athletic
director for the district's junior high and elementary schools. We understand you seek to
withhold the requested information relating to applicants for the head coaching position at
Gainesville High School under sections 552.101, 552.102, 552.103, and 552.107 of the
Government Code.

(1) relating to litigation of a civil or criminal nature or settlement
negotiations, to which the state or a political subdivision is or may be
a party or to which an officer or employee of the state or a political
subdivision, as a consequence of the person's office or employment, is
or may be a party; and

(2) that the attorney general or the attorney of the political
subdivision has determined should be withheld from public inspection.

To secure the protection of section 552.103(a), a governmental body must demonstrate that
the requested information relates to pending or reasonably anticipated litigation to which the
governmental body is a party. Open Records Decision No. 588 (1991). The mere chance
of litigation will not trigger section 552.103(a). Open Records Decision No. 452 (1986) and
authorities cited there. To demonstrate that litigation is reasonably anticipated, the
governmental body must furnish concrete evidence that litigation involving a specific matter
is realistically contemplated and is more than mere conjecture. Id.

You supply copies of documents showing that a grievance has been filed with the district and
that litigation has been threatened by both the filer of the grievance and the district in
connection with the district's attempts to hire a new high school football coach. We believe
that you have demonstrated that the district reasonably anticipates litigation to which the
information at issue relates. Accordingly, you may withhold under section 552.103(a)
information responsive to the requests for information relating to applicants for the head
coaching position at Gainesville High School.(1)

We assume, however, that none of the information in the records at issue has previously been
made available to the opposing party in the anticipated litigation. Absent special
circumstances, once information has been obtained by all parties to the litigation, either
through discovery or otherwise, no section 552.103(a) interest exists with respect to that
information. Open Records Decision Nos. 349(1982), 320 (1982). To the extent the
opposing party has seen or had access to these records, there would be no justification for
now withholding such information from the requestor pursuant to section 552.103(a).
Similarly, section 552.103(a) does not authorize withholding materials which have already
been made available to the public. Open Records Decision No. 436 (1986). The
applicability of section 552.103(a) ends once the litigation has concluded. Attorney General
Opinion MW-575 (1982), Open Records Decision No. 350 (1982).

Since we have disposed of this request under section 552.103(a), we need not address your
other claimed exceptions to disclosure. We are resolving this matter with an informal letter
ruling rather than with a published open records decision. This ruling is limited to the
particular records at issue under the facts presented to us in this request and should not be
relied upon as a previous determination regarding any other records. If you have questions
about this ruling, please contact our office.

1. Again, we do not understand you to seek to withhold the requested job description for the head coaching position at Gainesville High School or information as to the last day of work of the named individual as athletic director for the high school and when that individual begins as athletic director for the district's junior high and elementary schools. This information must be released.